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RECOMMENDATION(S):
That Council receive the report Update on North Nicomekl Trunk Sewer;
That Council grant staff the authority to enter into an agreement with Metro Vancouver, titled the
Services Agreement (“the Agreement”), on behalf of the Township of Langley, subject to such
modifications as may be deemed necessary by legal counsel; and further
That Council authorize staff to direct the Consultant to proceed with detailed design and
engineering construction services.
EXECUTIVE SUMMARY:
Metro Vancouver’s North Nicomekl Trunk Sewer will need to be upgraded to accommodate the
additional flows from East Langley. In order to meet the desired timeframe, it was necessary for
the Township to undertake design, construction, and project management responsibilities. The
full cost is to be reimbursed by the Metro Vancouver, subject to the Agreement being executed.
To limit the Township’s liability, the Engineering Services Contract the Township has with
AECOM under RFP 08-105 was limited to preliminary design only until approval of the
alignment by Council, the City of Langley, and Metro Vancouver. Metro Vancouver Engineering
and Construction, and City of Langley Engineering departments have now agreed to an
alignment for the sewer, and detailed design can now commence.
PURPOSE:
To update Council on the progress of the North Nicomekl Trunk Sewer project, to obtain
Council’s approval to enter into an Agreement with Metro Vancouver and to direct the
engineering consultant to proceed with the detailed design and engineering services portion of
its Contract.
BACKGROUND/HISTORY:
A section of Metro Vancouver (MV) trunk sewer – referred to as the North Nicomekl Trunk
Sewer – will require an immediate upgrade to accommodate flows from East Langley, to occur
as a result of the new sanitary sewer system currently being constructed between Aldergrove
and Murrayville. The North Nicomekl sewer is located in the City of Langley, and a small portion
of the City of Surrey, within the Nicomekl River floodplain. MV has indicated that, while the
North Nicomekl upgrade is part of its long range plan, the installation extends beyond the
Township’s timeline. In order to meet the desired timeline, the Township has initiated the
design, and will undertake construction and project management responsibilities. Council was
previously advised on this project via report 07-133.
DISCUSSION/ANALYSIS:
Metro Vancouver’s (MV) triple bottom line assessment criteria were used to determine that the
optimal route was a twinning of the existing sewer on the north side of the Nicomekl River,
within the floodplain. Alternate routes along 53 Avenue, 52 Avenue, and south of the river were
also examined, but costs and social impacts due to construction were the main reasons these
alignments did not prevail. A public Open House and meetings with other stakeholders
occurred in December 2008, hosted jointly by staff from the City of Langley, MV, and the
Township. The public's comments were largely related to a proposed nature trail (a City
initiative separate from the sewer project) and the public was generally supportive of the sewer
project. The City is currently undertaking a separate public consultation process regarding the
proposed nature trail.
To meet the required schedule MV is undertaking the necessary property acquisition which
should be complete in April. The most critical property has already been acquired.
Construction is scheduled to start in June and be completed by autumn of this year, to meet the
allowable Fisheries construction window. Fisheries and environmental approvals are pending.
An Agreement will have to be established to allow for reimbursement of the direct costs from
MV to the Township for the design and construction of the sewer. Project costs are anticipated
to be well within the current budget and are in the order of $9 million. The Agreement has been
reviewed by Township lawyers. MV advise they do not expect any substantive changes.
When AECOM was retained by the Township in June 2008 to provide engineering services for
this project, AECOM was instructed in the Contract not to proceed with detailed design without
approval from MV, CoL and Township Council. This was included in the contract to protect the
Township and AECOM from continuing with the detailed design of this project without approval
of the alignment from both the City and MV. Representatives of the City and MV have now
provided this approval, through their appointed representatives.
Legal Implications:
Property managers from Metro Vancouver have been negotiating and obtaining rights-of-way on
behalf of and in favour of Metro Vancouver.
Intergovernmental Implications
Metro Vancouver (MV) and City of Langley (CoL) staff have been involved throughout the
design process. MV will be taking over operation of the sewer after construction. CoL may use
the maintenance access over the sewer alignment as a multi-purpose nature trail,
interconnecting into their trail system.
Community Implications
The new trunk sewer will have sufficient capacity to allow for growth in both the City and
Township.
Respectfully submitted,
Dave McCormick
UTILITIES PLANNING ENGINEER
for
ENGINEERING DIVISION
DRAFT
North Nicomekl Trunk Sewer
Services Agreement between
Metro Vancouver and
The Corporation of the Township of Langley
BETWEEN
Metro Vancouver
4330 Kingsway
Burnaby BC V5H 4G8
( “Metro Vancouver”)
( “TOL”)
OF THE SECOND PART
WHEREAS:
A. Metro Vancouver plans to design and construct a new sanitary trunk sewer for the
existing North Nicomekl Trunk Sewer to increase capacity and to provide a long term,
robust and durable facility;
B. The works and services described in Paragraph A will be constructed within dedicated
right-of-way in favour of Metro Vancouver within the City of Langley and the City of
Surrey;
C. Metro and TOL (the “Parties”) have agreed that TOL will ensure that the Works will be
constructed and installed on behalf of Metro Vancouver in accordance with the terms of
this Agreement.
NOW THEREFORE in consideration of the premises the Parties hereto agree as follows:
1. INTERPRETATION
In this Agreement,
“Approved Plans” means engineering plans drawings and specifications for the Works which have
been approved by Metro Vancouver in accordance with the requirements listed in Schedule “C”;
“Construction Services” means all labor, equipment and materials used in the construction and
installation of the Works;
“Engineering Services” means all services provided by engineers, engaged by TOL, with respect to
the design, procurement of materials and construction, and with respect to the Works;
“Project Management” means the project management services related to the management and
oversight of all aspects of the Project including, procurement of engineering and construction
services, materials, property acquisition, contract administration, reporting, public consultation
and confirmation that the Works have been completed to the requirements of this Agreement;
“Scope of the Work” means the work that is shown on the attached drawing in Schedule ‘B”;
“Substantial Completion” and “Substantially Complete” have the meanings given in the Builder’s
Lien Act;
“Warranty” includes the repair, reconstruction and replacement of the defective Works;
“Warranty Period” means the period of time of two (2) years determined under Section 5.0 of this
Agreement for the repair and remediation of defects in the Work following the issuance of the
certificate of Substantial Completion;
“TOL Construction Agreement” means the Construction Agreement between the TOL and the
construction contractor for the construction of the Works and services required by this Agreement;
“Works” means the works and services described in Schedules “A” and “B” attached to and
forming part of this Agreement.
2. APPOINTMENT
TOL shall manage the design and construction of the Works on behalf of Metro Vancouver in
accordance with the terms of this Agreement.
6. PROJECT BUDGET
The Metro Vancouver confirms the approved funds for this Project is $14 M.
7. PROJECT COMPLETION
Substantial Completion of the Works will occur on or before December 1, 2009.
8. ELIGIBLE COSTS
Metro Vancouver shall reimburse the TOL, in full for any eligible costs incurred by TOL in
respect of the Works
8.1. Eligible costs shall include the following:
a. Project Management services, including all fees, disbursements and expenses
related to the Works;
b. Engineering services, including all fees, disbursement, expenses and materials
related to the Works;
c. Construction materials, including all costs related to the supply,
manufacturing, processing and transporting to the site of any materials
required for the Works;
d. Public consultation;
e. Construction services, including all costs related to construction services
including construction management, labour, materials, equipment, temporary
works and any extra work that is approved in writing by Metro Vancouver and
TOL in advance of the work being undertaken by the construction contractor;
f. Any reasonable costs that may arise from damages that are directly related to
the Works, including any cost claims submitted by the construction contractor;
g. All costs that have been incurred by TOL and are relevant to this Agreement
including the costs of dedicated resources that date back to February 2008.
8.2. The costs related to Metro Vancouver and TOL staff time shall not be considered as
eligible costs.
8.3. Any properties or rights-of-ways that are owned or controlled by TOL or Metro
Vancouver that may assist in the construction and installation of the Works shall be
provided to the Project at no cost to Metro Vancouver.
9. PAYMENT
TOL shall invoice Metro Vancouver on a bi-monthly basis and Metro Vancouver shall
reimburse the TOL for the full invoice amount within 60 days of the invoice date.
10.2 If any dispute arises between the Parties with respect to this Agreement, then, within
seven (7) days of written notice from one party to the other, or such time as may be mutually
agreeable, the representatives of the Parties will participate in good faith discussions in order
to resolve and settle the dispute. In the event that such representative are unable to resolve the
dispute within fourteen (14) days of the first written notice, or such other time period mutually
agreeable to the Parties, each party will appoint a senior representative that has not been
previously involved in the matter in dispute , to attempt to resolve the dispute. If the senior
representative of the Parties are unable to resolve the dispute within fourteen (14) days of their
appointment they will agree upon the selection of a qualified independent mediator versed in
the resolution of commercial disputes in order to assist the Parties in the resolution of the
disputes, and who will attempt to so assist the Parties for a period of thirty (30) days from the
date of their appointment. Each party will bear their own costs of the formal mediation process
and will equally share the general costs of mediation. If the Parties are unable to resolve the
dispute within the thirty (30) day period or such longer period as may be agreed to by the
parties the matter will be resolved through binding arbitration pursuant to the Commercial
Arbitration Act of British Columbia.
11. INDEMNIFICATION
11.1 TOL shall indemnify and save harmless Metro Vancouver, its officers, employees, Board
members, contractors and agents:
a. against all damages, costs, losses or expenses incurred by Metro Vancouver as a
result of TOL’s breach of this Agreement;
b. against all expenses and costs which may be incurred by reason of liens, non-
payment of labour or materials, Workers Compensation assessments,
employment insurance, Federal or Provincial tax or Union dues; incurred by
Metro Vancouver as a result of the construction and installation of the Works;
and
c. from any claims, actions or proceedings brought or alleged by any person
relating to the construction, or repair of the Works by TOL up to but not beyond
the expiration of the Warranty Period.;
11.2 This indemnity shall survive any termination of this Agreement in relation to any matter
arising while this Agreement is in effect.
13. TERMINOLOGY
Wherever the singular or the masculine are used in this Agreement, they shall be interpreted as
meaning the plural or the feminine or body corporate where the context requires.
14. ASSIGNMENT
TOL’s obligations under this Agreement shall not be assigned without the written consent of
Metro Vancouver, such consent not be unreasonably withheld.
15. BINDING EFFECT
This Agreement will enure to the benefit of and be binding upon the Parties hereto and their
respective successors and permitted assigns. Subject to the terms of an approved assignment
under Section 13 of this Agreement, the Party’s obligations under this Agreement shall
continue in effect notwithstanding any transfer of title to all or part of the Land.
17. ACKNOWLEDGEMENT
The Parties acknowledge having read and fully understood all of the terms and obligations of
this Agreement and confirms that this Agreement has been entered voluntarily.
IN WITNESS WHEREOF the Parties hereto have set their hands as of the day and year first above
written.
METRO VANCOUVER )
by its authorized signatories )
)
__________________________ )
)
)
__________________________ )
)
)
THE CORPORATION OF THE )
TOWNSHIP OF LANGLEY )
by its authorized signatories )
)
__________________________ )
)
)
__________________________ )
SCHEDULE “A”
North Nicomekl Trunk Sewer
Project Description
Metro Vancouver requires that a new sewer be installed adjacent to the portion of the existing
trunk sewer that is located on the north side of the Nicomekl River from approximately 100 metres
east of 203rd Street, running west to the Metro Vancouver sewer pump station located
approximately 50 metres west of 196th Street and 52nd Avenue. The existing pipe is approximately
30-years old and has deteriorated such that ongoing and extensive repairs are required.
The Township of Langley requires this new sewer in order to increase capacity to service East
Langley via its sewer expansion project that is planned to be operational no later than December
2009.
The City of Langley requires this replacement sewer in order to increase capacity for their planned
densification that includes the densification described in the recent Downtown Master Plan.
1. TOL will make best efforts to ensure that flows from the sewer system within Langley
Township’s Jurisdiction entering into the new sewer pipe will generally not exceed a
dissolved sulphide content of 0.1 mg/l;
2. The trunk sewer will be designed to convey Basic Service Flow only, as determined by
Metro Vancouver’s Liquid Waste Management Plan.
3. The project design will include permanent access to manholes along the pipeline alignment.
Such access may also form part of the Langley trail system. Costs for constructing the
access roads will be considered as part of the Works;
4. The project design will provide for flow and quality monitoring points at the boundary
between the TOL and Metro Vancouver pipe;
5. The project will be designed and constructed in accordance with Metro Vancouver’s
published and unpublished standards, specifications and requirements.